Pigeonhole Surprise

Back into the Senate bullpen President Hoover last week tossed the World Court.sb Senators were astonished. The President asked for its consideration at this session "as soon as possible after the emergency relief and appropriation legislation has been disposed of." Then he invited in for luncheon Elder Statesman Elihu Root, who negotiated the formula for U. S. adherence to the Court, and Secretary of State Henry Lewis Stimson, Mr. Root's legal disciple and political protege.

Under the Root formula the U. S. could "naturally" quit the Court whenever its objection to an advisory opinion was overruled. Explained President Hoover last week: "The provisions free us from any entanglements in the diplomacy of other nations. We cannot be summoned before this Court. We can seek its services by agreement with other nations. These protocols permit our withdrawal from the Court at any time without reproach or ill-will." The World Court protocols were not welcome in the Senate at this short and crowded session because the parliamentary situation there was already complicated enough without them. No Republican, no Democrat rushed forth to champion them. They were shoved aside into the depths of the Foreign Relations Committee whence they would emerge, according to Chairman Borah, a Court foe, some time after the Christmas recess. Even the Court's best Democratic friend, Virginia's Swanson, frankly urged postponement until the 72nd Congress, while its foes--estimated at 20 and led by California's "irreconcilable" Johnson--threatened protracted warfare to prevent its consideration.

To explain President Hoover's sudden precipitation of so explosive an issue at such a ticklish time, observers came to a combination of conclusions. Apparently this move was part of the new Hoover determination, visible in other matters as well (see col. 2), to take a stronger hand with Congress, especially the Senate. Another large factor was undoubtedly the great lobby pressure placed on the Administration by Frederick J. Libby, executive secretary of the National Council for the Prevention of War. Lobbyist Libby, experienced at building great fires under great men on great issues, has long concentrated the full influence of what he calls "peace circles" upon the White House.

Lobbyist Libby last week shifted his aim to the Senate when he declared:

"The reported inability of the President to secure within his own party a suitable leader to head the Senate fight for the World Court protocols this winter is both disgraceful and significant. . . . The friends of the World Court and of world peace have been too patient. . . . The World Court issue . . . will continue to block action until settled. But with such divided counsels among its leaders, can any one doubt that the Republican party is riding to a fall?"

-Chronology of World Court action by the U. S.: 1923, submitted to the Senate by President Harding; 1926, ratified (76-10-17) with five reservations; 1928, Reservation No. 5 rejected by other powers; President Coolidge said he would not ask the Senate to change its position but later approved Elder Statesman Elihu Root's going to Geneva as an unofficial negotiator; 1929, Root Formula framed, approved by World Court nations; U. S. signed revised protocols at Geneva; President Hoover rammed the protocols into a pigeonhole awaiting an auspicious moment to send them to the Senate for ratification.

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